The Challenges of Modifying Child Custody in Florida

The Challenges of Modifying Child Custody in Florida

Posted By
Dean Kantaras

If you and your former spouse have children together, a top concern when
going through divorce is to make sure your kids will continue to grow
up healthy and happy. Part of the initial divorce settlement is the negotiation
of custody arrangements, referred to in Florida law as timesharing. The
couple may come to an agreement on timesharing terms or the court may
mandate them based on the circumstances of the parents at the time of
the proceedings.

But no matter the effort that goes into determining timesharing plans,
we all know how easily circumstances can change over time. In the event
that you or your ex-spouse want to alter the terms under which you share
parenting responsibilities, the process of modification is complex and
depends on whether there has been a substantial and unforeseen change
of circumstances. The court will not consider modifications to your timesharing
arrangement unless the proposed changes are in the child’s best
interest, and judges may interpret the law very differently. What may
feel like an obvious reason to change your child’s timesharing schedule
will not necessarily appear that way to the court. An experienced and
skilled attorney can help you navigate this process and may be able to
persuade court officials that your proposed changes are in the best interest
of your children.

Some of the most common grounds cited in petitions for modifying timesharing
agreements are:

Relocation

A change in employment

Long-term medical conditions

Conviction of a first-degree misdemeanor (or higher) crime

Abuse or neglect on the part of one parent, that parent’s significant
other or another party living with the parent

Exposure to drugs and alcohol

If the circumstances of your original timesharing plan have changed and
you believe you should revisit the terms of your custody arrangement,
consider speaking to an experienced divorce attorney in Tampa from the
Law Offices of K. Dean Kantaras.